IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20809
Summary Calendar
RHONDA ANN FLEMING,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-1969
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August 7, 2002
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Rhonda Ann Fleming, Texas prisoner # 598829, appeals the
district court’s denial of her 28 U.S.C. § 2254 petition. A
certificate of appealability (COA) was granted on the issue
whether Fleming received the eleven-month flat-time credit to
which she was entitled by court order. We review the district
court's findings of fact for clear error and issues of law de
novo. Evans v. Cockrell, 285 F.3d 370, 374 (5th Cir. 2002).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-20809
-2-
We hold that Fleming has not established that her mandatory
supervised release date was improperly calculated. See Lockett
v. Anderson, 230 F.3d 695, 707 (5th Cir. 2000) (burden is on
petitioner to establish a constitutional violation). Fleming’s
conclusional allegation that her receipt of an eleven-month jail-
time credit necessarily required that her mandatory supervised
release date be pushed forward by eleven months is insufficient
to establish a constitutional violation, because the calculation
of her mandatory supervised release date is contingent on factors
other than simply the amount of jail time served. See Koch v.
Puckett, 907 F.2d 524, 530 (5th Cir. 1990).
To the extent that Fleming argues that she was entitled to
good-time credits, COA was not granted on that issue, and it is
therefore not before this court. See, e.g., United States v.
Kimler, 150 F.3d 429, 431 (5th Cir. 1998). Fleming’s motions for
appointment of counsel and for release pending appeal are denied.
AFFIRMED.